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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

What Will Happen To My EEOC Claim in Bankruptcy?

Question: I live in Cumming, GA and I work for CNN. I recently lost my job because I think my boss discriminated against me. Because of the discrimination I filed a complaint with the EEOC. I don't know how long the whole EEOC process will take. I used to live in Alpharetta, GA but my house was foreclosed. I need to file bankruptcy because of my high debt level and the bank is suing me because of a second mortgage on the Alpharetta house. Do I have to tell the bankruptcy trustee about my EEOC claim because I don't know if I'm going to get any money from it?

Answer: Generally, you have to disclose potential claims to the bankruptcy trustee. Without knowing more facts about your EEOC matter it is impossible to help you determine the relative strength of your case. In any event, it is best practice for a bankruptcy attorney to advise you to declare any legal claims you may have that could result in a monetary reward to you. Tort claims (personal injury lawsuits) and EEOC claims are two claims that can result in a payment to you.